Kidnapping

Question 1

What is the act, section and penalty for kidnapping?

Answer 1

S209 (a) or (b) or (c) CA 61

14 yrs

Question 2

What the 5 elements for kidnapping?

Answer 2

1 - Unlawfully 
2- Takes away or detains
3- a person
4- without his/her consent 
or 
with his/her consent obtained by fraud or duress
5- with intent to
a- to hold for ransom or service 
b- to cause to be imprisoned or confined
c- to cause to be sent or taken out of NZ

Question 3

Explain Unlawfully plus the case law?

Answer 3

Unlawfully
- Without lawful justification, authority or excuse

R v Crossan
- Taking away and detaining are separate and distinct offences. The first consists of taking the victim away. The second of detaining them.

Question 4

Explain takes away and the case law?

Answer 4

Takes away- R v Wellard
- The offence of kidnapping is the denial of liberty coupled with the taking the victim away from a place they want to be.

Question 5

Explains Detains plus the case law?

Answer 5

Detains - R v Pryce

- Detaining is an active concept meaning to keep in confinement or custody.

Question 6

Person

Answer 6

Person

- Gender neutral proven by judicial notice or circumstantial evidence

Question 7

Explain consent plus the case law?

Answer 7

Consent
- Consent is a persons conscious and voluntary agreement to something desired or proposed by another

R v Cox
- Consent must be full, voluntary, free and informed.. freely and voluntary given by a person in a position to make a rational judgement.

Question 8

Explain consent obtained by fraud

Answer 8

First cover consent and R v Cox

• Consent obtained by the misrepresentation of the facts or the offenders intention

Question 9

Explain consent obtained by duress

Answer 9

First cover consent and R v Cox

• Consent obtained by the actual or implied threat of force to the victim or another person.

Question 10

If the victim is under 16 years can they consent at all?

Answer 10

S202A CA61

- A child under 16 yrs cannot consent to being taken away or detained.

Question 11

Explain intent plus the case law?

Answer 11

Intent
- There are 2 specific types of intention in an offence. First there must be an intent to commit a act. Second an intent to get a specific result

R v Mohi
- The offence is committed at the time of taking so long as there is the necessary intent. It is not necessary that the crown should show the intent was carried out

Question 12

Explain Ranson or Service

Answer 12

Ranson
- A sum of money demanded or paid for the release of the victim

or

Service
- Hold as a servant or slave

Question 13

Explain confined or Imprisoned

Answer 13

Confined
- Restricting their movements within a geographical area.

or

Imprisoned
- To be held as if in prison

Question 14

Explain sent of NZ or taken out of NZ

Answer 14

Sent out of NZ
- Normal meaning to be sent outside of NZ shores

or

Taken out of NZ
- Taken suggests the victim is in company or custody of a person accompanying them out of NZ